II
110th CONGRESS
1st Session
S. 2435
IN THE SENATE OF THE UNITED STATES
December 7, 2007
Mr. Feingold introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To limit authority to delay notice of search warrants.
Short title
This Act may be cited as the
Reasonable Notice and Search
Act
.
Limitation on authority to delay notice of search warrants
Section 3103a of title 18, United States Code, is amended—
in subsection (b)—
in paragraph (1),
by striking may have an adverse result (as defined in section 2705,
except if the adverse results consist only of unduly delaying a trial)
and inserting will endanger the life or physical safety of an
individual, result in flight from prosecution, result in the destruction of or
tampering with the evidence sought under the warrant, or result in intimidation
of potential witnesses
; and
in paragraph (3),
by striking 30 days
and all that follows and inserting 7
days after the date of its execution.
; and
in subsection
(c), by striking for good cause shown
and all that follows and
inserting upon application of the Attorney General, the Deputy Attorney
General, or an Associate Attorney General, for additional periods of not more
than 21 calendar days for each such application, if the court finds, for each
such application, reasonable cause to believe that notice of the execution of
the warrant will endanger the life or physical safety of an individual, result
in flight from prosecution, result in the destruction of or tampering with the
evidence sought under the warrant, or result in intimidation of potential
witnesses.
.
Sunset on delayed notice authority
Section 102(b) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended—
in the subsection heading, by inserting
,
213,
before and 215
; and
in paragraph (1), by inserting
section 3103a of title 18, United States Code, is amended so that
section reads as it read on October 25, 2001, and
before the
Foreign Intelligence
.